Bianchi v. Brown (formerly Frosh) Petition for Certiorari to SCOTUS

[JAL]

Searched and didn't see anything here about the Maryland Bianchi v. Frosh, now Bianchi v. Brown case regarding Maryland's Assault Weapons Ban that was granted Cert, vacated and remanded back to the 4th Circuit Court of Appeals in June 2022 with instructions to redo it in light of the Bruen decision. There it has stalled with the 4th Circuit doing everything it can to do nothing. The 4th Circuit Merits Panel for the case heard oral arguments, and no decision was issued for months, and then the 4th Circuit, with nobody petitioning for it, suddenly decided to rehear it en banc. Not hard to connect the dots. The 3 judge Merits Panel was going to decide 2-1 in favor of Bianchi. The dissenting judge went to the rest of the judges suggesting they take it over en banc to arrive at the "correct" decision (in favor of Maryland). And there it sits, with the 4th Circuit doing nothing to move the case along.

FPC, 2AF and CCRKBA have jointly made, on behalf of Bianchi (et al) a very unusual Petition for Certiorari under SCOTUS Rule 11, for SCOTUS to take up the case before a Circuit Court has issued a decision.

William Kirk of Washington Gun Law is the only GunTuber I've seen with anything about it. He cites 2AF and for some reason omits FPC and CCRKBA, perhaps because he first saw it on 2AF's web site or was messaged by them about it. All three are fully on board in the petition.




Petition to SCOTUS for Certiorari can be read here . . . an interesting one expressing their frustration with 4th Circuit
Bianchi v. Brown Petition for Certiorari

The ramifications of this, if SCOTUS takes it up, reach into the rubbish Prelim Injunction decision the 7th Circuit vomited out with the Illinois "Assault Weapons" Ban, the one sitting in the 9th Circuit with California's, and the one percolating along in Washington State. One can hope SCOTUS will see what's going on in various states and Circuits and end the madness -- and put a stake through the heart of the POTUS and VPOTUS endless exhortations for Congress to enact an Assault Weapon Ban.

Notes:
CCRKBA: Citizens Committee for the Right to Keep and Bear Arms is a smaller organization in Bellevue, Washington State.
FPC: Firearms Policy Coalition
2AF: Second Amendment Foundation, sometimes abbreviated SAF.

 

[MarylandTacomaRider]

Searched and didn't see anything here about the Maryland Bianchi v. Frosh, now Bianchi v. Brown case regarding Maryland's Assault Weapons Ban that was granted Cert, vacated and remanded back to the 4th Circuit Court of Appeals in June 2022 with instructions to redo it in light of the Bruen decision. There it has stalled with the 4th Circuit doing everything it can to do nothing. The 4th Circuit Merits Panel for the case heard oral arguments, and no decision was issued for months, and then the 4th Circuit, with nobody petitioning for it, suddenly decided to rehear it en banc. Not hard to connect the dots. The 3 judge Merits Panel was going to decide 2-1 in favor of Bianchi. The dissenting judge went to the rest of the judges suggesting they take it over en banc to arrive at the "correct" decision (in favor of Maryland). And there it sits, with the 4th Circuit doing nothing to move the case along.

FPC, 2AF and CCRKBA have jointly made, on behalf of Bianchi (et al) a very unusual Petition for Certiorari under SCOTUS Rule 11, for SCOTUS to take up the case before a Circuit Court has issued a decision.

William Kirk of Washington Gun Law is the only GunTuber I've seen with anything about it. He cites 2AF and for some reason omits FPC and CCRKBA, perhaps because he first saw it on 2AF's web site or was messaged by them about it. All three are fully on board in the petition.




Petition to SCOTUS for Certiorari can be read here . . . an interesting one expressing their frustration with 4th Circuit
Bianchi v. Brown Petition for Certiorari

The ramifications of this, if SCOTUS takes it up, reach into the rubbish Prelim Injunction decision the 7th Circuit vomited out with the Illinois "Assault Weapons" Ban, the one sitting in the 9th Circuit with California's, and the one percolating along in Washington State. One can hope SCOTUS will see what's going on in various states and Circuits and end the madness -- and put a stake through the heart of the POTUS and VPOTUS endless exhortations for Congress to enact an Assault Weapon Ban.

Notes:
CCRKBA: Citizens Committee for the Right to Keep and Bear Arms is a smaller organization in Bellevue, Washington State.
FPC: Firearms Policy Coalition
2AF: Second Amendment Foundation, sometimes abbreviated SAF.

Hopefully FPC will win and people on MdShooters have been talking about this for years!

 

[JAL]

Directly related to this Petition for Cert. to SCOTUS, and hot on its heels, 2AF and FPC filed Petition for Cert. today (Feb. 12th) regarding the 7th Circuit Harrel v. Raoul challenging Illinois' semi-auto rifle and magazine bans.

Posting about it in the Illinois' ban case the 7th Circuit botched is here:
https://www.indianagunowners.com/threads/illinois-high-capacity-mag-firearm-ban.530398/post-9842345

My "Educated Guess" is they're hitting SCOTUS with multiple Cert. Petitions to spur them into doing something to put an end to the multiple Circuit Court shenanigans.

Will we see another Cert. Petition regarding the ones languishing in the 9th Circuit?

 

[JAL]

Yet more directly related to this Petition for Cert. NAGR also filed a Petition for Cert. yesterday (Feb. 12th) regarding the 7th Circuit Bevis v. Naperville, initially challenging Naperville's semi-auto rifle and mag bans, and subsequently enlarging it to the Illinois' bans. I discovered it today when I came across an NAGR YouTube video about it.

Posted about it in the Illinois ban cases heard and deep sixed by the 7th Circuit is here (NAGR video is there too):
https://www.indianagunowners.com/threads/illinois-high-capacity-mag-firearm-ban.530398/post-9842789

Edited to add:
Third Petition for Cert filed from Illinois and 7th Circuit for Barnett v. Roul by NSSF
https://www.indianagunowners.com/threads/illinois-high-capacity-mag-firearm-ban.530398/post-9842853

I'm convinced now that this is a coordinated effort by the various organizations to compel SCOTUS to take action on the Circuit Courts giving SCOTUS the middle finger. This is the third one in two business days. As posted above, I'm making popcorn for the shoe to drop on the California case sitting in the 9th Circuit.

 

[JAL]

Resurrecting this thread as "Bianchi v. Brown" has once again morphed. It is now called "Snope v. Brown".

The 4th Circuit en banc issued a final ruling -- again. The 4th Circuit upheld the Maryland AWB in spite of the SCOTUS "GVR" sending it back to 4th Circuit in the wake of Bruen decision telling them to Do the Right Thing (which they didn't). How it became an en banc decision through the machinations of the 4th Circuit's judges is another story for another time. Plaintiffs have filed petition for a Writ of Certiorari with SCOTUS.

William Kirk of Washington Gun Law just produced a YouTube video about the Amici Curiae brief just filed with SCOTUS supporting the Snope v. Brown Cert. Petition. In addition to his video, I've included a URL for the brief itself and attached it to this posting. It's not a long read, nor is it loaded up with dense legalese in spite of a good number of citations (citations are a Good Thing). Noted a few "scrivener's errors" in the brief (i.e. errors inconsequential to intent and meaning; corrections wouldn't affect conclusions and outcome). Such errors are ignored by a court that's performing proper diligence.

I encourage reading the brief itself as it dispels many oft-cited "myths" about AR15s, authored by:

• International Law Enforcement Educators and Trainers Association(ILEETA)
• Professors of Second Amendment Law and History
• Independence Institute

Amici Curiae Brief on SCOTUS' web site (Trigger Warning: it's a PDF; SCOTUS site url is longer than the brief ):
https://www.supremecourt.gov/DocketPDF/24/24-203/326694/20240923185449707_24-203%20Amicus%20IntlLawEnfEducatorsTrainersAssoc.pdf


Washington Gun Law Video (William Kirk):




Notes:

1. "Amici" (friends) is the Latin plural for "Amicus" (friend); the brief has multiple authors.
2. I take some issue with Kinetic Energy (aka muzzle and terminal energies) being the "Be All, End All" of wounding and lethality. Momentum and projectile diameter have significant effect not encompassed by comparing "Energy" only.
3. YouTube video (l-o-n-g) cited in the brief demonstrating SF Spec Ops CQB building clearing methods
   

 

[JAL]

Mark W. Smith video about Maryland's latest tactic attempting to delay the Petition for Writ of Cert beyond SCOTUS being able to distribute and consider granting it this year -- pushing it past the 2025 Term into the 2026 Term. Maryland already requested 30 additional days to respond to the Petition for Cert and they've now requested an additional 30 days to accomplish that. I'm surprised Mark doesn't state the glaringly obvious strategy in doing so that goes well beyond simply delaying it. Maryland and the 4th Circuit are praying Harris wins the election, Democrats maintain control of the Senate, and one or more of the old conservative justices dies or retires before the court can hear consider it for Cert and/or hear it.

 

[JAL]

William T. Kirk of Washington Gun Law also put a video out on it . . .